Personal Jurisdiction Over Nonresidents in Hawaii

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We are frequently contacted by potential clients outside Hawaii who are curious if they can be sued in Hawaii. Whether or not you can be sued in Hawaii depends on “Personal Jurisdiction.”

The Plaintiff has the burden of establishing personal jurisdiction over a nonresident defendant. Ziegler v Indian River Country, 64 F.3d 470, 473 (9th Cir., 1995) However, “the Plaintiff need only make a prima facie showing of jurisdictional facts” to avoid dismissal. Schwarzenegger v Ford Motor Co., 374 F.3d 797, 800 (9th Cir., 2004). If Plaintiff is successful in making a prima facie showing on the motion to dismiss, Plaintiff “must eventually establish jurisdiction by a preponderance of the evidence either at a pretrial evidentiary hearing or at trial.” Hi-Pac. Ltd. v Avoset Corp., 980 F.Supp. 1134, 1137 (D.Haw., 1997).

“To subject a nonresident defendant to suit, both the long-arm statute of the state in which the Court sits and constitutional due process requirements must be satisfied” Television Events & Marketing, Inc. v Amcon Distributing Co., 416 F. Supp.2d 948, 956-957 (D.Haw., 2006). “Because Hawaii’s long-arm statute reaches to the full extent permitted by the Constitution, the Court need only determine whether due process permits the exercise of personal jurisdiction.” Id. (citing Schwarzenegger, 374 F.3d at 800-801. “The Due Process Clause protects an individual’s liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful contacts, ties, or relations.” Burger King Corp v Rodzewicz, 471 U.S. 462, 471-472 (1985) In order to meet the due process requirement, the Court has to have “either general jurisdiction or specific jurisdiction” over the defendant. Doe v American National Red Cross, 112 F.3d 1048, 1050 (9th Cir., 1997); Robinson Corp v. Auto-Owners Ins. Co., 304 F. Supp.2d 1232, 1236 (D. Haw., 2003) (citation omitted).

“A defendant’s contacts with a state must be such that it “should reasonably
anticipate being haled into court there.” Sher, 911 F.2d at 1361. This could
arise in one of two ways. First, if the defendant’s contacts with the state are
“substantial,” or “continuous and systematic,” the court may exercise general
jurisdiction over it, regardless of whether the *1072 contacts is related to the
cause of action. Id. Second, if (1) the defendant takes some action to purposely
“avail himself ” of the privilege of conducting activities in the forum, thereby
invoking the benefits and protections of the forum’s laws,” (2) the cause of
action arises out of the defendant’s contacts with the state, and (3) it would
be reasonable to do so, the court may exercise specific jurisdiction over the
defendant.” Id. See also Sinatra v. National Inquirer, Inc., 854 F.2d 1191 (9th Cir.1988).

If you have been injured based on someone's negligent activity, you deserve to speak with a qualified Honolulu lawyer during a complimentary case evaluation today. This is the only way to know for certain whether or not you have a valid case. Please do not assume the content on this website as formal legal advice. It is for informational purposes only and any legal association you make with The Law Offices of Philip R. Brown based on the understanding of this information is strictly invalid. Serving Honolulu, Maui, and surrounding areas in Hawaii.